Maine Revised Statutes

Me. Rev. Stat. tit. 35-A, § 303 (2026)

Valuation of property for fixing rates

✓ current as of May 2026
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In determining just and reasonable rates, tolls and charges, the commission shall fix a reasonable value upon all the property of a public utility and upon an electric plant to the extent paid for by the utility on the premises of any of its customers that is used or required to be used in its service to the public within the State and a fair return on that property. In fixing a reasonable value, the commission shall give due consideration to evidence of the cost of the property when first devoted to public use and the prudent acquisition cost to the utility, less depreciation on each, and any other material and relevant factors or evidence, but the other factors may not include current value. In making a valuation, the commission may consult reports, records or other information available to it in the office of any state office or board.   [PL 2017, c. 73, §1 (AMD).]
This section does not apply to a price cap ILEC as defined in section 7102, subsection 6‑A.   [PL 2017, c. 73, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 613, §2 (AMD). PL 2017, c. 73, §1 (AMD).
Notes of Decisions
Cited in 6 cases, 1993–2016 · leading case: Cent. Maine Power Co. v. Town of Moscow, 649 A.2d 320 (Me. 1994).
Cent. Maine Power Co. v. Town of Moscow, 649 A.2d 320 (Me. 1994). · cites it 4× “Pursuant to 35-A M.R.S.A. § 303 (Supp.1993), [2] the value of Wyman for ratemaking purposes was $970,030.”
Off. of the Pub. Advocate v. Pub. Utils. Comm'n, 2015 ME 113 (Me. 2015). · cites it 3× “See 35-A M.R.S. §§ 303, 4706 (2014). The Commission and Bangor Gas argue that the Commission properly determined that the ARP rates were just and reasonable by reference to the original cost of Bangor Gas’s assets that are used or required to be used in providing natural gas…”
Bruce D. Taylor v. Pub. Utils. Comm'n, 2016 ME 71 (Me. 2016). “”); 35-A M.R.S. § 303 (2015) (“In fixing a reasonable value, the commission shall give due consideration to evidence of the cost of the property when first devoted to public use and the prudent acquisition cost to the utility_”); 35-A M.”
Am. Ass'n of Retired Persons v. Pub. Utils. Comm'n, 678 A.2d 1025 (Me. 1996). · cites it 3× “AARP contends that utility property must be “used or required to be used” pursuant to 35-A M.R.S.A § 303 (Supp.1995) to qualify for inclusion in the rate base, and that because NYNEX has portions of “stranded” copper cabling 7 and new fiber-optic cabling not in use, its value…”
Quirion v. Pub. Utils. Comm'n, 684 A.2d 1294 (Me. 1996). “When the PUC values property for ratemak-ing purposes, it includes only the property of a public utility “which is used or required to be used in its service to the public_” 35-A M.R.S.A. § 303 (Supp.1995). Quirion submitted nothing to the Commission other than the purchase…”
Pine Tree Tel. & Tel. Co. v. Pub. Utils. Comm'n, 631 A.2d 57 (Me. 1993). “” 35-A M.R.S.A. § 303 (1988). 16 .35-A M.R.”
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